Patna High Court
Prakash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that regular bail could not be granted and dismissed the bail application.
Summary
Prakash Kumar was arrested in connection with a case registered under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act, relating to the killing of a boy during a gang-related fight. The petitioner argued that he was not named in the FIR and that the incident stemmed from a dispute over a stolen mobile, asserting no involvement in the murder. The State contended that during investigation Kumar’s name emerged and that he had confessed to being a founder member of the biker gang, emphasizing his prior case and the risk of absconding or tampering with evidence. The court examined the seriousness of the offences, the petitioner’s antecedent, and the potential threat to law‑and‑order posed by the biker gang. Considering these factors, the court was not inclined to grant regular bail. Consequently, the bail application was rejected, with the petitioner allowed to re‑apply after charge framing.
Issues considered
- Whether regular bail can be granted to the petitioner despite not being named in the FIR
- Whether the petitioner’s alleged involvement in a biker gang and prior case constitute grounds to deny bail
- Whether the seriousness of the offences (murder, common intention, illegal arms) outweighs the presumption of innocence in bail considerations
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- common intention
- Arms Act
- biker gang
- regular bail
- criminal procedure
- evidence tampering
- antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18834 of 2026
Arising Out of PS. Case No.-116 Year-2023 Thana- SHASTRINAGAR District- Patna
======================================================
Prakash Kumar Son of Yogendra Bhagat @ Jogendra Bhagat Resident of
Brahmasthan Gali Sheikhpura Police Station -Shastri Nagar, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anurag Pandey, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 07-05-2026 1. Heard learned counsel for the petitioner and the
learned APP for the State, Mr. Rabindra Kumar.
2. The petitioner seeks bail in connection with Shastri
Nagar PS Case No. 116 of 2023 registered for the offences
punishable under Sections 302 and 34 of the Indian Penal Code
and Section 27 of the Arms Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of one case and is in custody since
17.09.2025 and the informant alleges that on 30.01.2023 at
05:30 PM, a boy came and informed that criminals have shot
near a chowmein shop, the informant, accordingly, came to the
place of occurrence and saw his grandson in an injured
condition and police was taking him to the hospital, accordingly,
he enquired from the local people, who disclosed that nine
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accused persons had come who committed the occurrence and
also disclosed the name of Shivam, Anand, Dev, Shivji and
Abhijit, further on 29.01.2023, Shubham had called his
grandson as a fight had ensued with someone, further on
account of the said dispute, accused killed his grandson.
4. The learned counsel for the petitioner submits that
petitioner is not named in the FIR and during the course of
investigation, it transpired that few days back, the mobile of the
deceased was snatched by the biker gang and the deceased along
with his friend had assaulted the biker gang member and the
occurrence is a fall out of the said fight.
5. At this stage, the learned APP, Mr. Rabindra
Kumar, submits that though petitioner is not named in the FIR,
but then his name transpired during the course of investigation
and he in his confessional statement has stated that he is one of
the founder members of the biker gang. It is also submitted that
biker gang is a menace for Patna and police is taking steps to
ensure that these biker gangs do not create law and order
situation within the city. It is also submitted that petitioner has
antecedent of one case and the occurrence of killing is on
account of fight which ensued, as biker gang had snatched the
mobile of the deceased, hence, if privilege of regular bail is
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granted, the petitioner may abscond or try to tamper with the
evidence.
6. After hearing the learned counsel for the parties,
the Court is not inclined to release the petitioner on bail.
7. However, the petitioner would be at liberty to
renew his prayer for bail after framing of charge.
8. Accordingly, the instant regular bail application
stands rejected.
(Satyavrat Verma, J)
Rishabh/-
U T
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